Field

Two positions are taken to defeat a recovery by the plaintiff: First. That the premises are embraced in the deed of December, 1854, to Ann Columbet, and in the deed of January, 1859, to the defendant, Second. That if the title remained in Higuera, his deed of July, 1860, was inoperative to pass it the grantee not being at the time in possession of the premises.

The first position depends upon the- construction to be given to the description of the premises in the deeds of 1854 and 1859. The description is identical in both deeds. It gives the boundary as commencing at a point on a certain creek “where the wagon-road passes to the house of Galindo,” and after running in different directions as reaching on the north a range of hills dr-Dgnated “Lomas Altas,” and proceeding thence “along the Lomas Altas southerly up to the aforesaid wagon-road to Galindo’s house,” and thence “westerly to the point of beginning,” the tract “to contain in limits one mile square in quantity, including the two springs known as the ‘Agua Calientes.’ ”

There are irreconcilable calls in this description, and the only question is,' which of them must be rejected? If the line be run “along the Lomas Altas,”…